Category: News

Cross posted from The Stars Hollow Gazette

Last week I wrote about the use of tourniquets in a pre-hospital emergency to save someone from bleeding to death. Tourniquets were used very effectively in Boston and were a key factor in getting so many to the hospital alive. At the finish line there were two medical tents with cots, blankets and IV fluids to treat dehydrated, hypothermic runners. Both were staffed with doctors and nurses. An emergency-room physician from Georgia, Dr. Allan Panter, was waiting at the finish line for his wife. He was just 10 yards a way from the first explosion. He assisted with victims and after went to the tents to assist. He described the events:

While there was some initial chaos in a medical tent near the finish line, and some screaming and moaning by victims, it was generally an orderly scene, Dr. Panter said. He assisted others in wheeling in a female victim who died, he said. He described 20 to 30 cots in the tent with IV bags that had been intended for dehydrated runners.

At least eight doctors and what seemed to be 20 or more nurses were stationed in the tent. A man with a microphone stood in the center of the tent to coordinate medical care. Arriving victims were assessed and categorized as 1 for critical, 2 for intermediate, 3 for “can wait” and “black tag” for anyone who appeared to be dead, Dr. Panter said. An emergency medical technician outside the tent coordinated ambulance service to hospitals.

“All in all, it was a pretty controlled environment,” said Dr. Panter, who has been an emergency-room physician for 30 years. “I’ve seen a lot worse. They were without question ready – not ready for those type of injuries, but they were prepared.”

There usually aren’t those provisions or medical staff on site and this still required the actions of bystanders to help control bleeding and move patients to the tents and ambulances. The night after the bombings on MSNBC’s “The Last Word,” host Lawrence O’Donnell spoke with Dr. Lyle Micheli, the head physician at the finish line and Massachusetts General Emergency Room Nurse Meghan McDonald about their experience:

But what happened in the hospitals was even more critical. It wasn’t like the ER’s were empty and waiting for these patients. As Nurse McDonald described in the interview Massachusetts General hospital had 90 patients being treated, waiting for admission or discharge when the explosions happened. The other four other ER’s that would receive the bulk of the casualties were in not much better shape. Luckily they all have similar disaster plans in place and have frequent drills to keep the staff prepared. Prepared they were. Of the initial 170 patients the five level one trauma centers received that day only one patient, who arrived in cardiac arrest, died. The other two fatalities were pronounced dead at the scene. That is a quite a feat and a testament to the training and skills of the doctors, nurses and other support staff. This article in the New York Times describes how Massachusetts General Hospital handled the disaster:

The first priority for those who were severely injured was to prevent them from dying, often from bleeding to death. Many had tourniquets on their legs when they arrived at the hospitals. But that was just a temporary measure to slow the bleeding. They needed immediate surgery to get their bleeding under control and prevent muscles and nerves from dying for lack of blood. [..]

That requires a vascular surgeon to repair the torn blood vessels and restore blood to legs and feet that may no longer have a blood supply. To do those repairs, surgeons often sew in part of a vein from the other leg, if it is uninjured, or from an arm. Or they use a synthetic tube.

Meanwhile, an orthopedic surgeon must stabilize a bone that might be flopping because it is fractured in several places. Surgeons do that with a temporary solution – they drill into the bone from outside the leg and attach pins that they screw into a metal bar also outside the leg.

Plastic surgeons clean the wound. In this case, blast victims had BBs or nails or debris embedded in their legs and feet. Everything the surgeons took out of the wounds was placed in plastic bags for the F.B.I., said Dr. Samuel J. Lin, a plastic surgeon at Beth Israel Deaconess Medical Center who helped care for blast victims.

“The crime scene extends to the hospital,” Dr. Lin said.

It’s definitely an art. It might appear chaotic to the casual beholder as everyone seems to be moving and talking at once. Each staff member has his or her job and is looking and listening so as not to miss details. Usually there is one coordinator, in situations like this there are some times more, as the ER is sectioned off into areas that depend on the patient’s status. Life threatening are first, then go back to treat and repair everything else. The decision to amputate a limb is not made lightly and is done most often to save a patient’s life. The other reason is that the bone, tissue and vascular damage is so severe there is no other option. The doctors in Boston had the luxury of having an immediate second opinion, it doesn’t always happen that way in combat zones or parts of the third world.

MSNBC’s Rachel Maddow saluted the thorough, professional and remarkably successful performance of the medical professionals who responded to the emergency injuries of the Boston Marathon Bombings and kept the public informed with honest straightforward briefings.

Thank you to all. Well done.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 25 is the 115th day of the year (116th in leap years) in the Gregorian calendar. There are 250 days remaining until the end of the year.

On this day in 1859, ground broken is for Suez Canal

At Port Said, Egypt, ground is broken for the Suez Canal, an artificial waterway intended to stretch 101 miles across the isthmus of Suez and connect the Mediterranean and the Red seas. Ferdinand de Lesseps, the French diplomat who organized the colossal undertaking, delivered the pickax blow that inaugurated construction.

Artificial canals have been built on the Suez region, which connects the continents of Asia and Africa, since ancient times. Under the Ptolemaic rulers of Egypt, a channel connected the Bitter Lakes to the Red Sea, and a canal reached northward from Lake Timsah as far as the Nile River. These canals fell into disrepair or were intentionally destroyed for military reasons. As early as the 15th century, Europeans speculated about building a canal across the Suez, which would allow traders to sail from the Mediterranean to the Indian Ocean via the Red Sea, rather than having to sail the great distance around Africa’s Cape of Good Hope.

The Suez Canal, when first built, was 164 km (102 mi) long and 8 m (26 ft) deep. After multiple enlargements, the canal is 193.30 km (120.11 mi) long, 24 m (79 ft) deep, and 205 metres (673 ft) wide as of 2010. It consists of the northern access channel of 22 km/14 mi, the canal itself of 162.25 km/100.82 mi and of the southern access channel of 9 km/5.6 mi.

It is single-lane with passing places in Ballah By-Pass and in the Great Bitter Lake. It contains no locks; seawater flows freely through the canal. In general, the Canal north of the Bitter Lakes flows north in winter and south in summer. The current south of the lakes changes with the tide at Suez.

The canal is owned and maintained by the Suez Canal Authority (SCA) of the Arab Republic of Egypt. Under international treaty, it may be used “in time of war as in time of peace, by every vessel of commerce or of war, without distinction of flag.”

Construction by Suez Canal Company

In 1854 and 1856 Ferdinand de Lesseps obtained a concession from Sa’id Pasha, the Khedive of Egypt and Sudan, to create a company to construct a canal open to ships of all nations. The company was to operate the canal for 99 years from its opening. De Lesseps had used his friendly relationship with Sa’id, which he had developed while he was a French diplomat during the 1830s. As stipulated in the concessions, Lesseps convened the International Commission for the piercing of the isthmus of Suez (Commission Internationale pour le percement de l’isthme des Suez) consisting of thirteen experts from seven countries, among them McClean, President of the Institution of Civil Engineers in London, and again Negrelli, to examine the plans of Linant de Bellefonds and to advise on the feasibility of and on the best route for the canal. After surveys and analyses in Egypt and discussions in Paris on various aspects of the canal, where many of Negrelli’s ideas prevailed, the commission produced a final unanimous report in December 1856 containing a detailed description of the canal complete with plans and profiles. The Suez Canal Company (Compagnie Universelle du Canal Maritime de Suez) came into being on 15 December 1858 and work started on the shore of the future Port Said on April 25, 1859.

The excavation took some 10 years using forced labour (Corvée) of Egyptian workers during a certain period. Some sources estimate that over 30,000 people were working on the canal at any given period, that altogether more than 1.5 million people from various countries were employed, and that thousands of laborers died on the project.

The British government had opposed the project of the canal from the outset to its completion. As one of the diplomatic moves against the canal, it disapproved the use the slave labor of forced workers on the canal. The British Empire was the major global naval force and officially condemned the forced work and sent armed bedouins to start a revolt among workers. Involuntary labour on the project ceased, and the viceroy condemned the Corvée, halting the project.

Angered by the British opportunism, de Lesseps sent a letter to the British government remarking on the British lack of remorse a few years earlier when forced workers died in similar conditions building the British railway in Egypt.

Initially international opinion was skeptical and Suez Canal Company shares did not sell well overseas. Britain, the United States, Austria, and Russia did not buy any significant number of shares. All French shares were quickly sold in France

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

(Click on images to enlarge)

April 24 is the 114th day of the year (115th in leap years) in the Gregorian calendar. There are 251 days remaining until the end of the year.

On this day in 1916, Easter Rebellion begins.

On Easter Monday in Dublin, the Irish Republican Brotherhood, a secret organization of Irish nationalists led by Patrick Pearse, launches the so-called Easter Rebellion, an armed uprising against British rule. Assisted by militant Irish socialists under James Connolly, Pearse and his fellow Republicans rioted and attacked British provincial government headquarters across Dublin and seized the Irish capital’s General Post Office. Following these successes, they proclaimed the independence of Ireland, which had been under the repressive thumb of the United Kingdom for centuries, and by the next morning were in control of much of the city. Later that day, however, British authorities launched a counteroffensive, and by April 29 the uprising had been crushed. Nevertheless, the Easter Rebellion is considered a significant marker on the road to establishing an independent Irish republic.

Following the uprising, Pearse and 14 other nationalist leaders were executed for their participation and held up as martyrs by many in Ireland. There was little love lost among most Irish people for the British, who had enacted a series of harsh anti-Catholic restrictions, the Penal Laws, in the 18th century, and then let 1.5 million Irish starve during the Potato Famine of 1845-1848. Armed protest continued after the Easter Rebellion and in 1921, 26 of Ireland’s 32 counties won independence with the declaration of the Irish Free State. The Free State became an independent republic in 1949. However, six northeastern counties of the Emerald Isle remained part of the United Kingdom, prompting some nationalists to reorganize themselves into the Irish Republican Army (IRA) to continue their struggle for full Irish independence.

Background

The Act of Union 1801 united the Kingdom of Great Britain and the Kingdom of Ireland, abolishing the Irish Parliament and giving Ireland representation at Westminster. From early on, many Irish nationalists opposed the union and what was seen as the exploitation of the country.

Opposition took various forms: constitutional (the Repeal Association; the Home Rule League), social (disestablishment of the Church of Ireland; the Land League) and revolutionary (Rebellion of 1848; Fenian Rising). Constitutional nationalism enjoyed its greatest success in the 1880s and 1890s when the Irish Parliamentary Party under Charles Stewart Parnell succeeded in having two Home Rule bills introduced by the Liberal government of William Ewart Gladstone, though both failed. The First Home Rule Bill of 1886 was defeated in the House of Commons, while the Second Home Rule Bill of 1893 was passed by the Commons but rejected by the House of Lords. After the fall of Parnell, younger and more radical nationalists became disillusioned with parliamentary politics and turned towards more extreme forms of separatism. The Gaelic Athletic Association, the Gaelic League and the cultural revival under W. B. Yeats and Lady Augusta Gregory, together with the new political thinking of Arthur Griffith expressed in his newspaper Sinn Féin and the organisations the National Council and the Sinn Féin League led to the identification of Irish people with the concept of a Gaelic nation and culture, completely independent of Britain. This was sometimes referred to by the generic term Sinn Féin.

The Third Home Rule Bill was introduced by British Prime Minister H. H. Asquith in 1912. The Irish Unionists, led by Sir Edward Carson, opposed home rule in the light of what they saw as an impending Roman Catholic-dominated Dublin government. They formed the Ulster Volunteer Force on 13 January 1913.

The Irish Republican Brotherhood (IRB) saw an opportunity to create an armed organisation to advance its own ends, and on 25 November 1913 the Irish Volunteers, whose stated object was “to secure and to maintain the rights and liberties common to all the people of Ireland”, was formed. Its leader was Eoin MacNeill, who was not an IRB member. A Provisional Committee was formed that included people with a wide range of political views, and the Volunteers’ ranks were open to “all able-bodied Irishmen without distinction of creed, politics or social group.” Another militant group, the Irish Citizen Army, was formed by trade unionists as a result of the Dublin Lockout of that year. However, the increasing militarisation of Irish politics was overshadowed soon after by the outbreak of a larger conflict-the First World War  and Ireland’s involvement in the conflict.

Cross posted from The Stars Hollow Gazette

Charlie Pierce  is a sportswriter, author and political blogger. He is also lives very near Boston. He writes several article a day for Esquire at his Politics Blog. His writing about the bombing incident and his appearances on “All In with Chris Hayes” over the last week have kept many of us grounded in seeking the facts. He now has a request of the “gobshites” that are still spinning on their speculative tops: “Please, for the love of almighty god, shut the fk up.”

I mean, seriously, padlock the pieholes. We are fine. We are muddling through. We are carrying on. We are getting up this morning and going about the business of our lives. We are riding the T, or driving on the Pike, or walking along open paths along the Charles River. We are eating lunch at Donohues or shopping at the Target in the Watertown Mall. (OK, some of us are still doing some rubbernecking at the several crime scenes.) We are dealing with the fact that Copley Square, the center of practically everything, is still something of a crime scene. (We’re getting a little grumpy about it, but that’s what we do here.) Our kids are going back to school. And we are doing all these things without particularly needing the pity, concern, or the Very Deep Thoughts of a pack of Green Room school nurses seeking to coin what we’ve all been through into their own unique brand of banality. We are not children here, and neither are our children. [..]

Seriously, though, people. We’re really doing OK. It was nice having y’all around for a week. Hope you spent a little dough. Now go home, please. We have lives to live.

Thanks, Charlie, we sure hope they take your advice but we have our doubts.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 23 is the 113th day of the year (114th in leap years) in the Gregorian calendar. There are 252 days remaining until the end of the year.

On this day in 1564, William Shakespeare born.

According to tradition, the great English dramatist and poet William Shakespeare is born in Stratford-on-Avon on April 23, 1564. It is impossible to be certain the exact day on which he was born, but church records show that he was baptized on April 26, and three days was a customary amount of time to wait before baptizing a newborn. Shakespeare’s date of death is conclusively known, however: it was April 23, 1616. He was 52 years old and had retired to Stratford three years before.

Shakespeare’s father was probably a common tradesman. He became an alderman and bailiff in Stratford-upon-Avon, and Shakespeare was baptized in the town on April 26, 1564. At age 18, Shakespeare married Anne Hathaway, and the couple had a daughter in 1583 and twins in 1585. Hamnet, Shakespeare’s only son, died 11 years later, and Anne Shakespeare outlived her husband, dying in 1623. Nothing is known of the period between the birth of the twins and Shakespeare’s emergence as a playwright in London in the early 1590s, but unfounded stories have him stealing deer, joining a group of traveling players, becoming a schoolteacher, or serving as a soldier in the Low Countries.

Sometime later, Shakespeare set off for London to become an actor and by 1592 was well established in London’s theatrical world as both a performer and a playwright. The first reference to Shakespeare as a London playwright came in 1592, when a fellow dramatist, Robert Greene, wrote derogatorily of him on his deathbed. His earliest plays, including The Comedy of Errors and The Taming of the Shrew, were written in the early 1590s. Later in the decade, he wrote tragedies such as Romeo and Juliet (1594-1595) and comedies including The Merchant of Venice (1596-1597). His greatest tragedies were written after 1600, including Hamlet (1600-01), Othello (1604-05), King Lear (1605-06), and Macbeth (1605-1606).

Shakespeare died in Stratford-on-Avon on April 23, 1616. Today, nearly 400 years later, his plays are performed and read more often and in more nations than ever before. In a million words written over 20 years, he captured the full range of human emotions and conflicts with a precision that remains sharp today. As his great contemporary

Folk singer and guitarist Richie Havens passed away this morning from a sudden heart attack . He was 72.

Havens, widely admired for his briskly rhythmic guitar style and richly textured voice, became a part of history for serving as the opening performer at the Woodstock festival in 1969.

Havens transfixed the crowd at the start of that storied weekend. In a way, he had to. He was asked by the organizers to extend his set to nearly three hours to kill time since most of the other performers hadn’t yet reached the site, due to the choking crowds. Havens’ subsequent improvisation on the spiritual “Motherless Child” – threaded with his own inspired vamp of “Freedom” – become one of the festival’s signature sounds.

Havens’ reputation as a live performer earned him widespread notice. His Woodstock appearance proved to be a major turning point in his career. As the festival’s first performer, he held the crowd for nearly three hours (in part because he was told to perform a lengthy set because many artists were delayed in reaching the festival location), and was called back for several encores. Having run out of tunes, he improvised a song based on the old spiritual “Motherless Child” that became “Freedom”. The subsequent Woodstock movie release helped Havens reach a worldwide audience. He also appeared at the Isle of Wight Festival in late August 1969. [..]

Increasingly, Havens devoted his energies to educating young people about ecological issues. In the mid-1970s, he co-founded the Northwind Undersea Institute, an oceanographic children’s museum on City Island in the Bronx. That, in turn, led to the creation of The Natural Guard, an organization Richie describes as “a way of helping kids learn that they can have a hands-on role in affecting the environment. Children study the land, water, and air in their own communities and see how they can make positive changes from something as simple as planting a garden in an abandoned lot.

Richie passed away on Earth Day.

May the Goddess guide him on his journey to the Summerlands. May his family and and friends and all the world find Peace.

Blessed Be. The Wheel Turns

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 22 is the 112th day of the year (113th in leap years) in the Gregorian calendar. There are 253 days remaining until the end of the year.

On this day in 1978, The Blues Brothers make their world premiere on Saturday Night Live.

It was Marshall Checker, of the legendary Checker brothers, who first discovered them in the gritty blues clubs of Chicago’s South Side in 1969 and handed them their big break nine years later with an introduction to music-industry heavyweight and host of television’s Rock Concert, Don Kirshner. Actually, none of that is true, but it’s the story that Saturday Night Live’s Paul Shaffer told on April 22, 1978 as he announced the worldwide television debut of that night’s musical guest, the Blues Brothers-the not-quite-real, not-quite-fake musical creation of SNL cast members Dan Aykroyd and John Belushi.

Origins

The genesis of the Blues Brothers was a January 17, 1976, Saturday Night Live sketch. In it, “Howard Shore and his All-Bee Band” play the Slim Harpo song “I’m a King Bee”, with Belushi singing and Aykroyd playing harmonica, dressed in the bee costumes they wore for the “Killer Bees” sketch.

Following tapings of SNL, it was popular among cast members and the weekly hosts to attend Aykroyd’s Holland Tunnel Blues bar, which he had rented not long after joining the cast. Dan and John filled a jukebox with songs from many different artists such as Sam and Dave and punk band The Viletones. John bought an amplifier and they kept some musical instruments there for anyone who wanted to jam. It was here that Dan and Ron Gwynne wrote and developed the original story which Dan turned into the initial story draft of the Blues Brothers movie, better known as the “tome” because it contained so many pages.

It was also at the bar that Aykroyd introduced Belushi to the blues. An interest soon became a fascination and it was not long before the two began singing with local blues bands. Jokingly, SNL band leader Howard Shore suggested they call themselves “The Blues Brothers.” In an April 1988 interview in the Chicago Sun-Times, Aykroyd said the Blues Brothers act borrowed from Sam & Dave and others: “Well, obviously the duo thing and the dancing, but the hats came from John Lee Hooker. The suits came from the concept that when you were a jazz player in the 40’s, 50’s 60’s, to look straight, you had to wear a suit.”

The band was also modeled in part on Aykroyd’s experience with the Downchild Blues Band, one of the first professional blues bands in Canada, with whom Aykroyd continues to play on occasion. Aykroyd first encountered the band in the early 1970s, at or around the time of his attendance at Carleton University in Ottawa, Canada and where his initial interest in the blues developed through attending and occasionally performing at Ottawa’s Le Hibou Coffee House.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here. (Click on image to enlarge.)

April 21 is the 111th day of the year (112th in leap years) in the Gregorian calendar. There are 254 days remaining until the end of the year.

On this day in 1777, British troops under the command of General William Tryon attack the town of Danbury, Connecticut, and begin destroying everything in sight. Facing little, if any, opposition from Patriot forces, the British went on a rampage, setting fire to homes, farmhouse, storehouses and more than 1,500 tents.

The British destruction continued for nearly a week before word of it reached Continental Army leaders, including General Benedict Arnold, who was stationed in nearby New Haven. Along with General David Wooster and General Gold Silliman, Arnold led a contingent of more than 500 American troops in a surprise attack on the British forces as they began withdrawing from Danbury.

Sybil Ludington (April 16, 1761- February 26, 1839), daughter of Col. Henry Ludington, was a heroine of the American Revolutionary War who became famous for her night ride on April 26, 1777 to alert American colonial forces to the approach of enemy troops.

The Ride

Ludington’s ride started at 9:00 P.M. and ended around dawn. She rode 40 miles, more than twice the distance of Paul Revere, into the damp hours of darkness. This is especially remarkable because modern day endurance horse riders using lightweight saddles can barely ride such distances in daylight over well marked courses (see endurance riding). She rode through Carmel on to Mahopac, thence to Kent Cliffs, from there to Farmers Mills and back home. She used a stick to prod her horse and knock on doors. She managed to defend herself against a highwayman with her father’s musket. When, soaked from the rain and exhausted, she returned home, most of the 400 soldiers were ready to march.

The memoir for Colonel Henry Ludington states,

Sybil, who, a few days before, had passed her sixteenth birthday, and bade her to take a horse, ride for the men, and tell them to be at his house by daybreak. One who even now rides from Carmel to Cold Spring will find rugged and dangerous roads, with lonely stretches. Imagination only can picture what it was a century and a quarter ago, on a dark night, with reckless bands of “Cowboys” and “Skinners” abroad in the land. But the child performed her task, clinging to a man’s saddle, and guiding her steed with only a hempen halter, as she rode through the night, bearing the news of the sack of Danbury. There is no extravagance in comparing her ride with that of Paul Revere and its midnight message. Nor was her errand less efficient than his. By daybreak, thanks to her daring, nearly the whole regiment was mustered before her father’s house at Fredericksburgh, and an hour or two later was on the march for vengeance on the raiders.

The men arrived too late to save Danbury, Connecticut. At the start of the Battle of Ridgefield, however, they were able to drive General William Tryon, then governor of the colony of New York, and his men to Long Island Sound.

Cross posted from The Stars Hollow Gazette

The second suspect in the Boston Marathon bombing on Monday was taken into custody last night in Watertown, MA. Nineteen year old  Dzhokhar A. Tsarnaev, was found hiding in a tarp covered boat in a backyard shortly after the “stay in place” order was lifted. He was bleeding heavily from gunshot wounds to the neck and leg. He is listed in serious condition in  Beth Israel Deaconness Medical Center, the same hospital where several of the bombing victims are recovering and his brother, Tamerlan, died of his wounds.

Boston Police commissioner, Edward Davis, thanked all who had helped in the manhunt stating, “It’s a proud day to be a Boston police officer.” Crowds lined the streets near the site of the capture, cheering the officers and other first responders as they left the scene. Crowds of relieved Bostonians gathered in the Commons chanting “USA” and “Boston” and waving American flags.

This morning, there has been no further word on Dzhokhar’s condition. The FBI has stated that he has not been read his Miranda rights at this time, citing the so-called public safety exception. Dzhokhar is a naturalized American citizen from Chechnya. Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) said Dzhokhar should not be read his Miranda rights and should be questioned for “intelligence purposes.”

“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city,” McCain and Graham said late Friday in a joint statement. “The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorist trying to injure, maim, and kill innocent Americans.” [..]

“We need to know about any possible future attacks which could take additional American lives,” they said. “The least of our worries is a criminal trial which will likely be held years from now.”

Constitution? What Constitution? Joseph Stalin would have loved these two.

Constitutional lawyer and columnist for The Guardian, Glenn Greenwald explains the “public safety” exemption:

(T)he Obama DOJ exploited and radically expanded the very narrow “public safety” exception to Miranda, which was first created in 1984 by the more conservative Supreme Court justices in New York v. Quarles, over the vehement dissent of its liberal members (Brennan, Marshall and Stevens, along with O’Connor). The Quarles court held that where police officers took a very brief period to ask focused questions necessary to stop an imminent threat to public safety without first Mirandizing the suspect, the answers under those circumstances would be admissible (in Quarles, the police apprehended a rape suspect and simply asked where his gun was before reading him his rights, and the court held that the defendant’s pre-Miranda answer – “over there” – was admissible).

The Court’s liberals, led by Justice Thurgood Marshall, warned that this exception would dilute Miranda and ensure abuse. This exception, wrote Marshall, “condemns the American judiciary to a new era of post hoc inquiry into the propriety of custodial interrogations” and “endorse[s] the introduction of coerced self-incriminating statements in criminal prosecutions”. Moreover, he wrote, the “public-safety exception destroys forever the clarity of Miranda for both law enforcement officers and members of the judiciary” and said the court’s decision “cannot mask what a serious loss the administration of justice has incurred”.

As Marshall noted, the police have always had the power to question a suspect about imminent threats without Mirandizing him; indeed, they are free to question suspects about anything without first reading them their Miranda rights. But pre-Miranda statements were not admissible, could not be used to prosecute the person. This new 1984 “public safety” exception to that long-standing rule, Marshall said, guts the Fifth Amendment’s guarantee that one will not be compelled to incriminate oneself. As he put it: “were constitutional adjudication always conducted in such an ad hoc manner, the Bill of Rights would be a most unreliable protector of individual liberties.”

As controversial as this exception was from the start (and as hated as it was among traditional, actual liberals), it was at least narrowly confined. But the Obama DOJ in 2011 wildly expanded this exception for terrorism suspects. The Obama DOJ’s Memorandum (issued in secret, of course, but then leaked) cited what it called “the magnitude and complexity of the threat often posed by terrorist organizations” in order to claim “a significantly more extensive public safety interrogation without Miranda warnings than would be permissible in an ordinary criminal case”. It expressly went beyond the “public safety” exception established by the Supreme Court to arrogate unto itself the power to question suspects about other matters without reading them their rights (emphasis added):

   “There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government’s interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.”

That is what Graham advocated regarding Miranda: that Tsarnaev be interrogated about intelligence matters without Mirandizing him, and that’s exactly what Obama DOJ policy – two years ago – already approved. Worse, as (Emily) Bazelon noted: “Who gets to make this determination? The FBI, in consultation with DoJ, if possible. In other words, the police and the prosecutors, with no one to check their power.” At the time, the ACLU made clear how menacing was the Obama DOJ’s attempted roll-back of Miranda rights for terror suspects.

Constitution? What Constitution? Good work, Barack.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 20 is the 110th day of the year (111th in leap years) in the Gregorian calendar. There are 255 days remaining until the end of the year.

On this day in 1939, Billie Holiday records the first Civil Rights song “Strange Fruit”.

“Strange Fruit” was written by the teacher Abel Meeropol as a poem, it condemned American racism, particularly the lynching of African Americans. Such lynchings had occurred chiefly in the South but also in all other regions of the United States. He set it to music and with his wife and the singer Laura Duncan, performed it as a protest song in New York venues, including Madison Square Garden.

The song has been covered by numerous artists, as well as inspiring novels, other poems and other creative works. In 1978 Holiday’s version of the song was inducted into the Grammy Hall of Fame. It was also included in the list of Songs of the Century, by the Recording Industry of America and the National Endowment for the Arts.

In the poem, Meeropol expressed his horror at lynchings, possibly after having seen Lawrence Beitler‘s photograph of the 1930 lynching of Thomas Shipp and Abram Smith in Marion, Indiana. He published the poem in 1936 in The New York Teacher, a union magazine. Though Meeropol/Allan had often asked others (notably Earl Robinson) to set his poems to music, he set “Strange Fruit” to music himself. The piece gained a certain success as a protest song in and around New York. Meeropol, his wife, and black vocalist Laura Duncan performed it at Madison Square Garden. (Meeropol and his wife later adopted Robert and Michael, sons of Julius and Ethel Rosenberg, who were convicted of espionage and executed by the United States.)

Barney Josephson, the founder of Cafe Society in Greenwich Village, New York’s first integrated nightclub, heard the song and introduced it to Billie Holiday. Other reports say that Robert Gordon, who was directing Billie Holiday’s show at Cafe Society, heard the song at Madison Square Garden and introduced it to her. Holiday first performed the song at Cafe Society in 1939. She said that singing it made her fearful of retaliation, but because its imagery reminded her of her father, she continued to sing it. She made the piece a regular part of her live performances. Because of the poignancy of the song, Josephson drew up some rules: Holiday would close with it; second, the waiters would stop all service in advance; the room would be in darkness except for a spotlight on Holiday’s face; and there would be no encore.

Holiday approached her recording label, Columbia, about the song, but the company feared reaction by record retailers in the South, as well as negative reaction from affiliates of its co-owned radio network, CBS. Even John Hammond, Holiday’s producer, refused. She turned to friend Milt Gabler, whose Commodore label produced alternative jazz. Holiday sang “Strange Fruit” for him a cappella, and moved him to tears. Columbia allowed Holiday a one-session release from her contract in order to record it. Frankie Newton’s eight-piece Cafe Society Band was used for the session. Because he was worried that the song was too short, Gabler asked pianist Sonny White to improvise an introduction. Consequently Holiday doesn’t start singing until after 70 seconds. Gabler worked out a special arrangement with Vocalion Records to record and distribute the song.

She recorded two major sessions at Commodore, one in 1939 and one in 1944. “Strange Fruit” was highly regarded. In time, it became Holiday’s biggest-selling record. Though the song became a staple of her live performances, Holiday’s accompanist Bobby Tucker recalled that Holiday would break down every time after she sang it

   Strange Fruit

   Southern trees bear strange fruit,

   Blood on the leaves and blood at the root,

   Black body swinging in the Southern breeze,

   Strange fruit hanging from the poplar trees.

   Pastoral scene of the gallant South,

   The bulging eyes and the twisted mouth,

   Scent of magnolia sweet and fresh,

   Then the sudden smell of burning flesh!

   Here is fruit for the crows to pluck,

   For the rain to gather, for the wind to suck,

   For the sun to rot, for the tree to drop,

   Here is a strange and bitter crop.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 19 is the 109th day of the year (110th in leap years) in the Gregorian calendar. There are 256 days remaining until the end of the year.

On this day in 1775, the American Revolution beginsAt about 5 a.m., 700 British troops, on a mission to capture Patriot leaders and seize a Patriot arsenal, march into Lexington to find 77 armed minutemen under Captain John Parker waiting for them on the town’s common green. British Major John Pitcairn ordered the outnumbered Patriots to disperse, and after a moment’s hesitation the Americans began to drift off the green. Suddenly, the “shot heard around the world” was fired from an undetermined gun, and a cloud of musket smoke soon covered the green. When the brief Battle of Lexington ended, eight Americans lay dead or dying and 10 others were wounded. Only one British soldier was injured, but the American Revolution had begun.

First shot

Ralph Waldo Emerson, in his “Concord Hymn”, described the first shot fired by the Patriots at the North Bridge as the “shot heard “round the world.”

A British officer, probably Pitcairn, but accounts are uncertain, as it may also have been Lieutenant William Sutherland, then rode forward, waving his sword, and called out for the assembled throng to disperse, and may also have ordered them to “lay down your arms, you damned rebels!” Captain Parker told his men instead to disperse and go home, but, because of the confusion, the yelling all around, and due to the raspiness of Parker’s tubercular voice, some did not hear him, some left very slowly, and none laid down their arms. Both Parker and Pitcairn ordered their men to hold fire, but a shot was fired from an unknown source.

According to one member of Parker’s militia none of the Americans had discharged their muskets as they faced the oncoming British troops. The British did suffer one casualty, a slight wound, the particulars of which were corroborated by a deposition made by Corporal John Munroe. Munroe stated that:

   “After the first fire of the regulars, I thought, and so stated to Ebenezer Munroe …who stood next to me on the left, that they had fired nothing but powder; but on the second firing, Munroe stated they had fired something more than powder, for he had received a wound in his arm; and now, said he, to use his own words, ‘I’ll give them the guts of my gun.’ We then both took aim at the main body of British troops the smoke preventing our seeing anything but the heads of some of their horses and discharged our pieces.”

Some witnesses among the regulars reported the first shot was fired by a colonial onlooker from behind a hedge or around the corner of a tavern. Some observers reported a mounted British officer firing first. Both sides generally agreed that the initial shot did not come from the men on the ground immediately facing each other. Speculation arose later in Lexington that a man named Solomon Brown fired the first shot from inside the tavern or from behind a wall, but this has been discredited. Some witnesses (on each side) claimed that someone on the other side fired first; however, many more witnesses claimed to not know. Yet another theory is that the first shot was one fired by the British, that killed Asahel Porter, their prisoner who was running away (he had been told to walk away and he would be let go, though he panicked and began to run). Historian David Hackett Fischer has proposed that there may actually have been multiple near-simultaneous shots. Historian Mark Urban claims the British surged forward with bayonets ready in an undisciplined way, provoking a few scattered shots from the militia. In response the British troops, without orders, fired a devastating volley. This lack of discipline among the British troops had a key role in the escalation of violence.

Nobody except the person responsible knew then, nor knows today with certainty, who fired the first shot of the American Revolution.

Witnesses at the scene described several intermittent shots fired from both sides before the lines of regulars began to fire volleys without receiving orders to do so. A few of the militiamen believed at first that the regulars were only firing powder with no ball, but when they realized the truth, few if any of the militia managed to load and return fire. The rest wisely ran for their lives.

Cross posted from The Stars Hollow Gazette

Up Date 08:00 EDT: The two suspects have been identified as brothers who have been living legally in the US:

The suspects are Chechen brothers with the last name Tsarnaev, law enforcement officials told NBC News. The suspect at large, Dzhokhar Tsarnaev, is 19, was born in Kyrgyzstan and has a Massachusetts driver’s license, they said. The dead suspect was identified as Tamerlan Tsarnaev, 26, born in Russia.

Tamerlan Tsarnaev was run over by a vehicle during the firefight, law enforcement officials told NBC News. Law enforcement officials also told NBC News that the brothers entered the United States in 2002 or 2003, and that Tamerlan Tsarnaev became a legal permanent resident in 2007. [..]

Law enforcement officials said the tumult began just before 11 p.m., when the suspects approached a police officer from the Massachusetts Institute of Technology and shot him in the head.

The two then stole the officer’s cruiser, robbed a nearby 7-Eleven, carjacked a Mercedes SUV and briefly kidnapped the driver, the sources said. The suspects threw explosives out the window during the chase that followed, they said. A Boston transit police officer was shot and wounded, authorities said.

Up Date 06:05 EDT: From The Guardian:

All public transport has been suspended including buses and subways in the Massachusetts Bay area – Boston and the surrounding areas – it was announced. People at stations were asked to “please go home” and not congregate waiting for the system to come back.

The authorities want the residents of Watertown, Newton, Waltham, Bellamont, Cambridge, and the Austin and Brighton neighbourhoods of Boston to stay indoors for the time being. They are also asking businesses there not to open.

The person who was identified as suspect #1 came into  the hospital in “traumatic arrest” and was pronounced dead at 01:35 EDT. He died of multiple gunshot wounds and blast injuries. Suspect #2 is still at large. He is considered armed and extremely dangerous.

Up Date 04:57 EDT: The Guardian is reporting that one of the suspects was shot and killed as per police at a news conference. The other is still at large.

A shooting late last night on the campus of MIT that left a campus police officer dead and a shoot out in Watertown, MA with explosions, may be related to the deadly bombing at the Boston Marathon. The FBI released photos of two suspects in that case.

There are a lot of conflicting reports that about these two incidents and whether or not they are related to each other or the marathon explosions. There is one person in custody but it is unknown if this person one of the suspects.

One suspect apprehended, another remains on the loose

By Wesley Lowery, Akilah Johnson, Eric Moskowitz and Lisa Wangsness, The Boston Globe

WATERTOWN, MA – One suspect in Monday’s Boston Marathon bombings has been captured, according to an official with knowledge of the investigation. Another remains on the loose in Watertown after a firefight with police. Authorities have established a 20-block perimeter as they search for him.

A scene of chaos descended on Cambridge and Watertown late Thursday night and early Friday morning, as police confirmed an MIT police officer was shot and killed, and an apparent carjacking led police on a wild chase into Watertown.

Witnesses in Watertown said they heard explosions. Police officers were screaming about improvised explosive devices.

Authorities would not comment on whether the events were connected to Monday’s Boston Marathon bombings. At least one of the suspects in Watertown appeared to be a man in his 20s.

Here is the live feed from MSNBC. The commentators are being very cautious in their reporting.

Here is the live feed from The Guardian.

Update from Think Progress–

Law enforcement officials believe that one suspect in Monday’s bombing of the Boston Marathon was killed Friday morning after a shootout and car chase with police, while the other is still on the loose. NBC’s Pete Williams reports that the two are brothers, age 19 and 20, and are legal permanent residents of the United States, living in Cambridge. The first suspect was taken into custody by police and was pronounced dead at Beth Israel Hospital at 1:35 AM. As many as nine thousand police officers are now conducting a door-to-door search for the second individual, Dzhokhar Tsarnaev according to NBC, and are asking residents to stay in their homes.

The two robbed a 7/11, killed a Massachusetts Institute of Technology (MIT) campus police officer in his car after 10 PM on Thursday night and later carjacked a Mercedes SUV. Pete Williams of NBC News reports that the suspects told the man that they killed a police officer and were the marathon bombers. The owner of the car was held at gunpoint for 30 minutes and later released near a gas station in Cambridge.

The men then led police on a chase to Watertown, where they exchanged gunfire and threw bombs out of the vehicle window at law enforcement, including one made from a pressure cooker. They stopped the car in Watertown, where the first suspect got out, was shot and likely detonated an improvised explosive device (IED) strapped to his chest. The second suspect drives on and later abandons the car.